On 14 September 2012, the High Court delivered its much anticipated landmark decision in relation to the Pilbara iron ore railways access matters. In doing so, it upheld the Full Federal Court...s...
On 19 September 2012 the Government introduced the Clean Energy Amendment (International Emissions Trading and Other Measures) Bill 2012 into...
The Australian Law reform Commission (ALRC) was requested by the Government to conduct an inquiry into Copyright and the Digital Economy to determine whether and if so, how, copyright laws should...
With changes to the Paid Parental Leave Act 2012 (Cth) and the Fair Work Act 2009 (Cth) coming into effect from 1 October 2012, it is important and timely for employers to review and update their...
For employers, the High Court decision in Bendigo Regional Institute of TAFE v Barclay [2012] HCA 32 is a positive...
On 19 September 2012, the Federal Government introduced the Personal Liability for Corporate Reform Bill 2012 into the Parliament. On 20 September the Senate referred the Bill to the Parliamentary...
The Australian Prudential Regulation Authority (APRA), the prudential regulator of superannuation funds, insurance bodies and banks, is proposing to release new prudential standards for trustees of...
On 29 June 2012, legislation amending the directors... penalty (DP) provisions in Division 269 of Schedule 1 to the Taxation Administration Act 1997 (Cth) (TAA) and associated measures was enacted...
On 27 June 2012, the Commissioner of Taxation (Commissioner) issued Taxation Ruling TR...2012/5 (Ruling) (previously issued as Draft Taxation Ruling TR 2011/D8), dealing with section 254T of the...
ASIC has had a difficult and ultimately unsuccessful pursuit of Fortescue Metals Group Limited (FMG) and its former Managing Director Andrew Forrest...
Following the 1997 decision in Re Emanuel (No 14) Pty Ltd, it became clear that payment by a third party (C) of an unsecured debt due by A to B could be classified as an unfair preference in...
In August 2012 the Advertising Standards Bureau (ASB) decided that posts on a company's Facebook page amount to "advertising" by the company and therefore are subject to the AANA Codes. This means...
The Australian Competition and Consumer Commission (ACCC) took issue with representations made by home builder Metricon Homes Qld Pty Ltd (Metricon) in advertisements to consumers. While the case
US COURT IMPOSES LARGEST EVER FINE AND JAILS EXECUTIVES - ACCC, DPP AND AUSTRALIAN COURTS LIKELY TO FOLLOW SUIT On 20 September 2012, a US District Court Judge sentenced AU Optronics (AUO), an
In Andrews v ANZ, the High Court found that certain bank fees charged to the bank's customers were not prevented from being characterised as penalties by reason of liability to pay those fees being
From 1 August 2012, ASX has amended the ASX listing rules to make it easier for small to mid cap entities to raise capital by allowing them to place an additional 10% of their capital in a 12 month...
The following articles provide an overview of the recent developments in relation to the taxation of
The Commissioner issued Practice Statement Law Administration PS 2012/2 on 28 June 2012. PS LA 2012/2 sets out the Commissioner's approach to determining from which entity he will seek to recover
The Australian Competition Tribunal recently published its decision in respect of WA Gas Networks Pty Ltd's (ATCO) review of the ERA's revised access arrangement for the mid-west and south-west gas
For most organisations, termination issues arise on a routine basis due to changes affecting the business - for example, as a result of recent acquisitions or expansion. Where this occurs there is
Issuers of Product Disclosure Statements (PDS) often rely on ASIC Class Order 03/237 to update information in a PDS. However, issuers need to be aware of limits on the updates to PDS information...
This article discusses the appeal rights of parties under the new uniform commercial arbitration law with specific reference to the Commercial Arbitration Act 2011 (SA) which commenced operation...
In March of this year, ASIC released an updated version of "Regulatory Guide 46 Unlisted property schemes: Improving disclosure for retail investors", including updates to the eight disclosure
A new Practice Note governing discovery and disclosure processes in the Equity Division of the Supreme Court of New South Wales commenced on 26 March 2012. In the absence of exceptional...